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2017 Supreme(Del) 881

INDERMEET KAUR
RAMESH PERSHAD SETH – Appellant
Versus
MCD – Respondent


Advocates Appeared:
For the Petitioner: Mr. J.C. Mahendroo
For the Respondents: Mr. Mukesh Gupta, Mr. Praney Jain and Mr. Chetan Gautam

JUDGMENT :

INDERMEET KAUR, J.

1. The petitioner, the proprietor of a hotel “City Hotel” (premises bearing No.3990, Ajmeri Gate, Delhi) is running this business since the year 1982. Various permissions/licences were required by the petitioner which had been obtained from the local bodies. They were being issued to him from time to time. His last licence was renewed for the period 2005-06 vide a communication dated 31.3.2005. Separate applications for renewal of his heath trade licence had also been submitted which had accordingly been issued. On 23.3.2009 the petitioner again applied for renewal of his health trade licence. However, the same was not renewed. A demand dated 26.3.2009 was raised upon the petitioner seeking certain documents. This included the structural stability certificate of the building. These documents were furnished to the Department. Contention of the petitioner is that the area where the hotel of the petitioner is located is a “special area” falling in the walled city. A certificate had been issued by the Corporation on 4.7.1980 declaring the petitioner’s property to be in local commercial area. Clause 16.2 of MPD-2021 exempts the petitioner from payment of any






























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